POWERS AND LIMITATIONS OF NOTARIES PUBLIC Flashcards
Powers
(a) A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessing;
(5) copy certifications; and
(6) any other act authorised by these Rules.
(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:
(1) the thumb or other mark is affixed in the presence of the notary public and of disinterested and unaffected witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: “Thumb or
Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public”; and
(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.
(c) A notary public is authorized to sign-on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:
( 1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document;
(3) both witnesses sign their own names ;
( 4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses)”; and,
(5) the notary public notarizes his signature by acknowledgment or jurat.
Prohibitions
(a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar ·places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -
(1) is not in the notary’s presence personally at the time of the notarization; and,
(2) is not personally known to the notary public or otherwise identified by the notary , public through competent evidence of identity as defined by these Rules.
Disqualifications
A notary public is disqualified from performing a notarial act if he: ·
~a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative
by affinity or consanguinity of the principal within the fourth civil degree.
grounds for Refusal to Notarize
A notary public shall not perform any
notarial act described in these Rules for any person requesting such an act even
if he tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act; and
(c) in the notary’s judgment, the signatory is not acting of his or her own free will.
May a notary public notarize False or incomplete Certificates?
No. SEC. 5. False or Incomplete Certificate. -A notary public shall not:
(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.
What constitutes Improper Instruments or Documents of which notarization is prohibited?
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification .
